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Published by Arkansas Trucking Report, 2018-05-30 17:20:06

Arkansas Trucking Report Volume 23 Issue 2

Award-Winning Magazine of the Arkansas Trucking Association Vol. 23 | Issue 2 2018 | $4.95


United States of Trucking


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Stay Connected



American Trucking Associations President and CEO Chris Spear
talks about the common ground beneath our feet
By Bethany May

California’s labor laws could have an affect nationally
By Steve Brawner

By Bethany May

ATA’s Accounting & Finance Council hosts
expects to talk blockchain in theory and practice
By Lacey Thacker

Arkansas Road Team begins training
on its new driving simulator
By ATR Staff


Up Front: by Shannon Newton 7
They Said It 8
News in Brief 10
New Members 12
Calendar of Events 14
Insider Trucking 50
Stat View 52
Advertiser Resource Index 53
The Last Word: by Max Farrell 54



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Page 1 of 1


Award-Winning Magazine of the Arkansas Trucking Association
Arkansas Trucking Report is owned by the Arkansas Trucking Association,
Inc. and is published bimonthly. For additional copies, to order reprints
of individual articles or to become a subscriber to ATR, contact Caitlin
Walraven at 501.372.3462.
executive editor
managing editor
contributing writers MEETING OF THE MINDS
JENNIFER BARNETT REED TODD TRAUB Before Edison commercialized the light bulb, illumination has been a metaphor
JIM HARRIS DEANA NALL for how innovation lights up the dark. Scans of our brain show neurons literally
LACEY THACKER “lighting up” the screen when we think and consider ideas.
art director We have this image of an isolated genius, hunched over his desk, where a glowing
The Freelance Co. LLC, bulb flickers above his head in a dim, empty room as he composes, paints, or
production editors
SARAH SHEETS, KATIE THOMASON, DAVID O’NEAL invents some masterpiece. Even Pablo Picasso, one of the greatest artists of the 20
BRENT BENNETT century said, “Without great solitude, no serious work is possible.”
JON D. KENNEDY, JOHN DAVID PITTMAN But science suggests that no serious work would be possible without socializing
either, that our brains are made for relationships and innovation is just a
by-product of what we really use our minds for—community.
Brain size generally increases with body size in the animal kingdom. Big species
president like elephants have big brains, small ones like mice have small brains, but that
SHANNON SAMPLES NEWTON ratio doesn’t hold for some species like humans. British anthropologist and
vice president, safety programs and industry engagement psychologist Robert Dunbar proposed social brain theory to explain why the larger
DAVID O’NEAL, CDS the social group, the bigger the brain in a species.
director of operations
SARAH NEWMAN SHEETS It’s a more complicated task to make friends, enemies and coalitions. Learning to
communications director
BETHANY MAY live together, work alongside, break bread, tell stories is where our ideas are tested,
business development coordinator allowed to mature into concepts, plans and strategies. Building relationships is a
AMANDA LAMB survival tool older than fire or electricity and certainly solar-powered panels.
corporate services coordinator
KATIE THOMASON When mapping out the Arkansas Trucking Association’s Annual Business
executive assistant
CAITLIN WALRAVEN Conference, we think about the pressing regulatory issues facing the industry,
CHAIRMAN OF THE BOARD the role of technology in improving safety and efficiencies, and the economic
Star Transportation, LLC climate under which all of these topics are being navigated. We want to shine
Vice President
BOARD OF DIRECTORS our light on the brightest ideas in trucking, but the magic we really try to
CalArk International, Inc. Distribution Solutions, Inc. capture isn’t ideas. Those will change, fall out of fashion, and old problems will
President CEO, Owner
MARR LYNN BEARDEN MARK MORRIS be replaced by new ones.
Marrlin Transit, Inc. Morris Transportation Services, LLC
President President
TravelCenters of America USA Truck This event is as much about the community of trucking as it is about the latest
Vice President Fleet Sales CEO
GREG CARMAN G.E. “BUTCH” RICE III transportation research. The act of shaking hands, clinking glasses, scooting down
Carman, Inc. Stallion Transportation Group
President President & CEO a couple of chairs to make room for a colleague and sharing the same space is
Maverick USA Dedicated Logistics, LLC important.
President President & CEO
PAM Transport, Inc. Walmart Transportation
President & CEO Senior Vice President Creativity and problem-solving may look like it happens in the quiet and solitude
J.B. Hunt Transport, Inc. FedEx Freight of an office, but the capacity to harness that creativity is multiplied as a result of
Executive Vice President & COO SVP Operations
KORY LARSON VICKI JONES STEPHENS networking. And ATA is invested in building this network of bright minds and
The Larson Group C.C. Jones, Inc.
COO President invites you to be a part of it.

Loggins Logistics, Inc. ABF Freight
President & CEO President & CEO When you are back at your desk facing a problem, the switch that triggers your
Tyson Foods, Inc. University of Central Arkansas
Vice President - Transportation Associate Professor of Logistics own light bulb moment may be a contact you make, a conversation you have, a
relationship you build at this year’s conference.
An affiliate of the American Trucking
Associations We talk a lot about the Power of Association. We are stronger, louder, smarter
Arkansas Trucking Association (ATA) is an Arkansas corporation of trucking
companies, private carrier fleets and businesses which serve or supply the together, and that isn’t just a neat phrase for a motivational poster. It’s science.
trucking industry. ATA serves these companies as a governmental affairs
representative before legislative, regulatory and executive branches of
government on issues that affect the trucking industry. The organization also
provides public relations services, workers’ compensation insurance, operational
services and serves as a forum for industry meetings and membership relations.
For information, contact ATA at:
1401 West Capitol, Suite 185
Post Office Box 3476 (72203)
Little Rock, Arkansas 72201 Drivers Legal Plan
Phone 501.372.3462 Fax 501.376.1810 Shannon Newton
President, Arkansas Trucking Association

ARKANSAS TRUCKING REPORT | Issue 2 2018 Drivers Legal Plan 7


“Trade wars aren’t so bad.”

—President Donald Trump, at a joint press conference with the Prime Minister of Sweden on the tariffs the U.S. is imposing
on steel and aluminum
Mr. President, you care
“As we transition the about truck drivers

fleet to the automatic and we see that…

transmission fleet it will Thank you so much for

help our cost structure, fighting for us.”

but it will also help our —Quinton Ward, professional truck driver with

Operation Freedom, Werner Enterprises speaking
recruiting efforts because in the Rose Garden on positive impacts of tax

we’ll be able to access the “That to me is

driver pool that we had a an issue that
has greater
hard time tapping into.” financial

—USA Truck CEO James Reed, commenting on recruitment in the ramifications
company’s 1st Quarter Earnings Call to the industry
and has driven

“This actually is our No. 1 Priority … up insurance

Once one of the cases are successfully costs for
litigated, all the ‘me-too’ lawsuits all carriers,

start focusing on much smaller motor regardless of

carriers downstream. It becomes legal the size.”
blackmail against a small business. —Brad Delco, managing partner at Stephens Inc.,
explaining the lack of regulation related to tort
—Joe Rajkovacz, Head of government affairs for Western States reform could have greater financial impact on
Trucking Association, commenting on the Denham Amendment carriers than existing regulations


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WAGES ON THE RISE FOR can expect that trend to continue as the owners to generate revenue from idle
TRUCKERS enforcement of electronic logging commercial vehicles by pairing them
The American Trucking devices went into full effect on April 1. with users looking to affordably expand
Associations announced the findings Drivers are now required to have an capacity.
from its Driver Compensation Study electronic record of their hours, a more Ryder, which provides short-term
show that the annual salaries of profes- accurate account of driving time. truck rentals and fleet-management
sional truck drivers rose between 15% Enforcing the ELD mandate may services for companies, said that during
and 18% from 2013 to 2017, as the mean more drivers will be needed to the work week over 8 million, or about
demand for freight has increased. meet existing demand, said Noel Perry, 25%, of U.S. commercial vehicles sit
YEARS chief economist for unused for more than a day.
“The easiest way to get drivers is to pay In a press release, Ryder stated that
them more. And they are,” said Perry. fleet owners could list their vehicles on
the digital platform, set vehicle avail-
COMMERCIAL VEHICLE-SHARING ability for idle periods, and receive
PLATFORM IN DEVELOPMENT automated payments from a trusted
Ryder System, Inc. announced the business owner. Business owners seek-
launch of COOP by Ryder™, a new ing vehicles could then search the plat-
asset sharing platform and the first of form by location for available vehicles,
DRIVER WAGES its kind for commercial vehicles. The including vans, trucks, tractors, and
trailers, and pick up the vehicle from
digital platform offers businesses the
opportunity to list and rent underuti- the listed location.
Private fleet drivers have seen lized commercial vehicles within a net- The company’s new service first
the biggest jump, earning as much as work of trusted peers. launched in January in the Atlanta
$86,000 annually in 2017, up from The Airbnb-like marketplace for metro area with more than 100 fleet
$73,000 in the group’s 2013 survey, on transportation assets will allow fleet owners, but Ryder plans to fully expand
top of benefits like paid leave and more-
generous retirement plans.
“This latest survey, which includes
data from more than 100,000 drivers,
shows that fleets are reacting to an
increasingly tight market for drivers by
boosting pay, improving benefit pack-
ages and offering other enticements to
recruit and retain safe and experienced
drivers,” said Bob Costello, ATA chief
Costello notes that freight demand
continues to increase, so drivers are able
to work more and earn more, doubling
the impact of the pay raises.
Shippers that see their rates
increase with the rising driver wages 


Transportation, with its 42 annual
WELCOME, Career Leadership Award at the TMC’s
annual meeting on Mar. 4 in Atlanta,
NEW ATA MEMBERS! Ga. The peer-nominated award honors

an individual who has dedicated proven
Together, We Are the Power of Association service and achievement in the industry.
A 36-year veteran of trucking,
We welcome the following new members. Each new member Hilton has been involved with several
adds to the Arkansas trucking industry’s collective strength to industry groups. He has been a member
promote, protect and serve with a unified voice. of TMC since 1994 and has served as
chairman of S.7 (Trailers, Bodies and
Material Handling Study Group) from
FOR-HIRE CARRIER NASH INDUSTRIAL SOLUTIONS, INC. 2002-2006 and helped develop several
MEMBERS Bryant, Ark. recommended practices.
ARKANSAS ELITE WAREHOUSE Provides automated large vehicle wash Hilton has served in several roles in
Little Rock, Ark. equipment TMC leadership, and in 2006, he earned
800.618.7092 the Silver Spark Plug, TMC’s highest
Number of Trucks: 2 NETRADYNE, INC.
Greenwood, Ark. honor for professional excellence in
CTL OF ARKANSAS, INC. 479.899.7555 commercial vehicle maintenance.
Lepanto, Ark. Offers vision-based driver recognition safety
870.475.3500 platform, using artificial intelligence to In 2009 Hilton served as secretary
Number of Trucks: 10 improve road and driver safety of the Arkansas Trucking Association
HOG WILD TRUCKING, INC. PRO FLEET Maintenance and Technology Council
Jonesboro, Ark. Conway, Ark. and vice-chair in 2010. He served as
870.268.0075 501.513.9200 chairman of the ATA’s MTC in 2011
Number of Trucks: 33 and in 2011 also chaired the Arkansas
Provides body and paint, towing and
LAUBACH FREIGHT AGENCY, INC. transport, asset management Technician Championship.
870.236.2460 Canberra, Au. ARKANSAS TRUCKING
Number of Trucks: 30 Offers real-time driver fatigue and ASSOCIATION PRAISES DRIVE-
distraction accident prevention solution SAFE ACT
ALLIED MEMBERS The Arkansas Trucking Association
DEFDIESEL.COM SYGNIFICARE applauds the introduction of the
Little Rock, Ark.
Aiken, S.C. 501.414.0155
888.667.4472 Offers Arkansas-based workers’ DRIVE-Safe Act, a critical piece of leg-
Distributes diesel exhaust fluid compensation therapy provider network islation introduced that aims to address
the massive driver shortage affecting
the delivery of commerce in our coun-
NEWS IN BRIEF, users to ensure they comply with safety try, while also promoting enhanced
and reliability standards. Payment is
safety training for new members of the
Continued from page 10 automated and immediate upon the workforce.
the service into several other major return of the vehicle. Each transaction The trucking industry is hindered
markets next year. is covered by physical damage insurance by federal law which prohibits the
“We are excited to launch this new and a $1 million liability policy, and movement of goods across state lines
platform that makes trucks shareable includes 24/7 roadside assistance. by individuals under the age of 21.
at a time when the sharing economy is This arbitrary restriction on interstate
driving innovation in many industries. MAVERICK’S BRENT HILTON deliveries is particularly problematic in
Seasonal and cyclical truck shortages, RECOGNIZED FOR INDUSTRY attracting young people to the opportu-
coupled with fleets’ excess and unused LEADERSHIP nities available in the trucking industry.
capacity, demonstrates the benefit of In conjunction with the American Most states, including Arkansas, allow
having a technology like COOP avail- Trucking Associations’ Technology individuals to obtain a commercial
able in the marketplace.” Ryder Chief and Maintenance Council, indus- driver’s license (CDL) at age 18. An 18
Executive Robert Sanchez said. try publication Commercial Carrier year-old driver may then legally deliver a
Like other sharing businesses, Journal recognized Brent Hilton, load from Fort Smith to West Memphis,
COOP aims to mitigate risk by vetting director of maintenance of Maverick but is prohibited from delivering just


nine miles further in Memphis, Tenn. Hunter (R-Calif.) and Trey announce Major Thompson as our new
The proposed legislation would cre- Hollingsworth (R-Ind.), the DRIVE-Safe Chief of the Arkansas Highway Police,”
ate a graduated two-step program for Act will help train younger drivers far stated ARDOT Director Scott Bennett.
18–21 year-old CDL holders to train and above current standards. Under the “Major Thompson
with experienced drivers before earning legislation, once a driver has met the has done an out-
credentials that would allow them to requirements to obtain a CDL, the pro- standing job in his
legally make interstate deliveries. gram’s additional training will include years at the AHP and
“The DRIVE-Safe Act is a signifi- rigorous performance benchmarks that is respected by his
cant step that addresses two issues of each candidate must achieve. Drivers peers, both here at
importance to Arkansas,” said ATA will be required to complete at least 400 the department and
president Shannon Newton. “First, it hours of on-duty time and 240 hours throughout the law
provides a career path for young people of driving time with an experienced enforcement community. I am confi-
seeking to join an industry with a driver in the cab with them. All trucks dent in the leadership he will provide to
strong presence in our state. Second, for used for training in the program must all of the officers in our division.”
the more-than 4,000 registered motor be equipped with safety technology AHP protects the state highway
carriers in Arkansas, the DRIVE-Safe like collision mitigation, video event infrastructure by enforcing Arkansas’
Act will help them provide service to capture and speed governors — the same size and weight laws for commercial
their customers by accessing a pool of systems that young drivers can expect vehicles and by monitoring those
drivers who have been trained above to encounter throughout their career on vehicles for speeding and other traffic
and beyond current requirements.” the road. violations.
Chris Spear, President and CEO at Thompson currently serves as a
American Trucking Associations, added, THOMPSON NAMED CHIEF OF board member for the Commercial
“This is a common-sense proposal that ARKANSAS HIGHWAY POLICE Vehicle Safety Alliance (CVSA) and
will open enormous opportunities for Major Jay Thompson has been served as president of the organiza-
the 18-21 year-old population, giving named Chief of the Arkansas Highway tion in 2016. He received the CVSA
them access to a high-paying profession Police (AHP), a division of the Arkansas John Youngblood Award of Excellence in
free of the debt burden that comes with Department of Transportation 2003. In 2016, Thompson received
a four-year degree.” (ARDOT), according to agency officials.
Introduced by Reps. Duncan “We are extremely pleased to 





MAY 16 - 18
Hot Springs Convention Center
Hot Springs, Ark.


JUNE 5 – 7
Raleigh, NC
JUNE 5 – 8 NEWS IN BRIEF, • Urban Planning and Smart City
Design for Trucks – examining
NATMI MOTOR FLEET ACC. INV. & Continued from page 13
NATMI ADVANCED ACC. INV. how and where truck freight deliv-
The Victory Building ery can be effectively incorporated
Little Rock, Ark. the Professionalism, Harmonization, into urban planning and smart city
Partnership and Leader Award from
JUNE 19 the Specialized Carriers and Rigging design approaches.
TRUCK DRIVING CHAMPIONSHIP • Assessing the Consistency and
& TECHNICIAN CHAMPIONSHIP Association. He also serves as vice-
COMMITTEE MEETING chair of the AHP Charity Fund, a non- Accuracy of CMV Crash Data –
John Q. Hammons Center profit organization. will identify ways to improve com-
Rogers, Ark.
Thompson began his career with mercial motor vehicle crash data
the department as a telecommunica- collection, quality review, data man-
JULY tions operator in 1988 before his many agement and data submission at the
JULY 12 – 14 promotions throughout his 30 year local and state levels.
ARKANSAS TRUCKING career. He replaces former AHP Chief
CHAMPIONSHIP Ronnie Burks who retired earlier this • Role and Impact of Government
John Q. Hammons Center Regulations on Autonomous
Rogers, Ark. year. Vehicles – research will assess the
positive and negative impact of
AUGUST ATRI ANNOUNCES 2018 TOP regulations being promulgated at
AUGUST 15 – 18 RESEARCH PRIORITIES the state-level for identification of
AMERICAN TRUCKING The American Transportation model legislation on how autono-
ASSOCIATIONS’ NATIONAL TRUCK Research Institute (ATRI) Board of mous technologies and vehicles
DRIVING CHAMPIONSHIPS AND Directors has announced the 2018 Top should be deployed.
NATIONAL STEP VAN DRIVING Research Priorities as identified by ATRI’s
CHAMPIONSHIPS Research Advisory Committee (RAC). • Inconsistencies in CDL Testing
Columbus, Ohio – will review the range of require-
The research topics cover a wide
AUGUST 27 – 28 array of critical industry issues includ- ments for CDL testing across states
NATMI SAFETY & DOT and identify best practices to develop
COMPLIANCE SERIES ing the impact that urban planning an effective set of testing require-
The Victory Building and “smart city” design have on truck
Little Rock, Ark. operations, inconsistencies in CDL test- ments.
AUGUST 29 – 30 ing, and continuing research on the • Autonomous Impacts on the
ATA SAFETY SYMPOSIUM impact of autonomous technologies on Truck Driver – a detailed analysis
Little Rock, Ark. the trucking industry. of how autonomous truck tech-

The 2018 ATRI top research 
priorities are:


Exclusive. All-Inclusive. Simple.


Rich Logistics

Summit Truck Group

The Larson Group

Utility Tri-State, Inc.


Drivers Legal Plan
Stallion Transportation Group

In 1932, a small number of companies came together to lay the foundation for today’s Arkansas
Trucking Association --- the recognized voice for the trucking industry in Arkansas. Members
today continue to provide the support that builds upon those foundations. Founders Club members
support ATA because they believe, like we do, that trucking is the backbone of our economy.

Contact Amanda Lamb at or 501-372-3462
to become a member of the Founders Club.


NEWS IN BRIEF, motor carrier will be subject to further manufacture, called the LSEV.
Continued from page 14 enforcement action. According to the report, 7,000 pre-

nologies will change the operational Not included in the 2,232 page bill orders have already been placed and
environment and driving require- is a measure strongly advocated by both mass production is set to begin by the
ments for commercial drivers. the American Trucking Associations and end of 2018. The number of parts and
the Arkansas Trucking Association that components has been streamlined from
• Best Practices for Cannabis would prevent individual states from more than 2,000 to just 57 using the
Intoxication Testing – explor- mandating meal and rest breaks for latest 3D printing technology. The only
ing best practices in the U.S. and commercial drivers. Read more about visible parts that are not 3D printed will
abroad, the research will benchmark next steps in Steve Brawner’s article be the chassis, seats and glass.
recommended maximum intoxica- “Motor Carriers: California, Give Us a At a joint press conference in
tion levels and identify recommen- Break” on page 19. Shanghai, the two companies told
dations for driver sobriety testing. media, “Although this new vehicle
ELECTRIC CARS COMING TO A 3D attracts much attention, this
OMNIBUS BILL EXTENDS PRINTER NEAR YOU? conference is not just about launching
LIVESTOCK HAULERS’ ELD A 3D-printed electric vehicle could and exhibiting the car, it is more about
EXEMPTION be ready for the market as early as next how 3D printing technology brings
On Mar. 23, Pres. Trump signed year, according to a report in the China revolutionary changes to automotive
a $1.3 trillion omnibus spending bill Daily. manufacturing industry. This car,
which included a provision to extend an The Italian manufacturer, X named LSEV, could be the milestone
electronic logging device exemption on Electrical Vehicle (XEV), is partnering product in the adoption of 3D printing
livestock haulers. with Chinese 3D-printing specialist into mainstream production.”
Polymaker to produce a car that will The vehicle is expected to come to
take about three days to “print” or market for only $10,000. ATR

The provision states “the use of
electronic logging devices by operators
of commercial motor vehicles… trans-
porting livestock” will not be required
during federal fiscal year 2018, which
runs from Oct. 1 2017 to Sept. 30 2018.
The extension allows those who
haul agricultural-related commodities
to evade penalty for noncompliance for
another six months while the mandate
is being fully enforced for most carri-
ers as of Apr. 1, 2018. Carriers that do
not have an ELD when required will be
placed out of service and the driver will
remain out of service for 10 hours in
accordance with Commercial Vehicle
Safety Alliance criteria. At that point,
to facilitate compliance, the driver will
be allowed to travel to the next sched-
uled stop and should not be dispatched
again without an ELD. If the driver is
dispatched again without an ELD, the


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Motor Carriers: California,

Give Us a Break

California’s labor laws could extend to national impact

By Steve Brawner hour of pay, and employees cannot per- Court, have interpreted the law broadly.
Contributing Writer form any work during the break period. But California’s Ninth Circuit
These break rules don’t always line Court of Appeals has ruled differently.
Trucking advocates were hoping up with the safety and convenience of Three truck drivers working for Penske
the omnibus spending package passed a driver’s workday. Of course, drivers Logistics claimed in a class-action law-
by Congress in March would address are taking breaks as they need them suit that Penske had failed to provide
California’s rest break laws. It didn’t, so and as they are federally mandated, but them the rest break benefits to which
now the trucking industry will continue California’s stringent rules are super- they were entitled under California law.
to seek a solution through Congress or seding the federal requirements for They lost in district court but won their
the courts. employers who do business in the state. appeal in the Ninth Circuit in 2014.
At issue are California’s labor laws The laws would seem to violate There, the court ruled in Dilts v. Penske
requiring employers doing business the Federal Aviation Administration Logistics, Inc. that California’s rest break
there to provide employees a 30-minute Authorization Act passed in 1994. provision was not preempted by F4A.
meal break if they work more than five Known by many as “F4A” or “FAAAA,” That’s because it did not “‘bind motor
hours and a second break if they work it said that states could not enact laws carriers to specific prices, routes or ser-
more than 10 hours, as well as 10-min- “related to a price, route or service of vices” – “bind to” being a higher bar
ute rest breaks for every four hours they any motor carrier … with respect to the than the “related to” actually contained
work. Employers must provide the break transportation of property.” Courts, in the law. Other California court cases
and cannot instead provide an extra including the United States Supreme 


vice president of federation relations
and industry affairs for the American
Trucking Associations. “This effort
“TODAY’S WIN WAS AN IMPORTANT TURNING POINT was a true team effort, as joining the
SETBACK JUST ONE MONTH AGO.” Chamber of Commerce, National
Association of Manufacturers, National
Retail Federation, and many other
—JOHN LYNCH, SENIOR VICE PRESIDENT OF FEDERATION coalition partners that pledged support
RELATIONS AND INDUSTRY AFFAIRS FOR THE AMERICAN and ‘key voted’ this amendment. Public
TRUCKING ASSOCIATIONS officials were held accountable today,
proving why advocacy matters.”
The Senate is expected to take up
the reauthorization bill this summer,
and American Trucking Associations and
have required motor carriers to com- “We incorporate our breaks into Arkansas Trucking Association will be
pensate drivers for each hour worked, our day and our stops and the differ- reaching out to membership again to ask
including non-productive hours. ent things that we do, so just putting trucking interests to weigh in with sup-
As a result, the motor carrier in a mandatory stop just to stop is just port. There’s a lot on the line, including
industry has had to comply with the extending our day and making our day some very high-profile lawsuits.
rest break provision, at great cost. Larger longer rather than more safe,” he said.
carriers have reworked their compen- The American Trucking ALL EYES ON J.B. HUNT V.
sation plans and compliance policies. Associations saw an opportunity to ORTEGA
Some smaller carriers are risking non- clarify the law through the $1.3 trillion While advocates are hoping for a
compliance because they are unaware of omnibus spending package passed by congressional fix, they also are watch-
the law or unwilling to follow it. Trial Congress and signed by the president ing a court case, J.B. Hunt Transport,
lawyers are filing lawsuits. in March. But the clarification was Inc. v. Gerardo Ortega, et al.
not included in the final deal, leaving The same Ninth Circuit that ruled
PREEMPTION SAVES MONEY, trucking advocates to continue their in the Dilts case ruled against J.B. Hunt
RESOURCES AND TIME longstanding lobbying efforts. in a class action lawsuit filed by two
According to an analysis by the But then on April 26, the House drivers in 2007. A district court had
American Trucking Associations, passed the Denham Amendment in a ruled in favor of the carrier, saying
California’s rules could require trucks vote of 222 to 193. The amendment California’s laws significantly impacted
to add 281 million miles annually and is included in the Federal Aviation routes and miles and would impact
burn 43.3 million gallons of diesel fuel Administration Reauthorization bill and the competitive market forces in the
just to reach and return from break supports interstate commerce and the trucking industry. Forcing the carrier
areas, increasing carbon dioxide emis- drivers who haul in all 50 states and to change its activity-based pay system
sions by more than 450,000 tons each all 435 districts. American Trucking would decrease its productivity and dis-
year. The change could reduce the Associations mobilized all of its state rupt the market, that court ruled. But
amount of time trucks spend driving associations and members to contact the Ninth Circuit in 2017 vacated and
by the equivalent of 2.5 billion miles, their members of Congress and ask for remanded that decision based on its
requiring an additional 23,100 trucks support on this issue. decision in the Dilts case.
to travel California’s roads each year The Arkansas Trucking Association J.B. Hunt has since appealed that
to haul the same amount of freight. met with all four representatives to edu- decision to the Supreme Court. In a
Drivers could lose $1,917 in pay each cate them on the issue the day before petition filed Feb. 5, the Arkansas-based
year just from the breaks. the House vote, during ATA’s Call on company argued that F4A was enacted
Melvin Cairns, a driver with Ryder Washington. The meetings were suc- to prevent state and local governments
with 3 million accident-free miles, said cessful, and all of Arkansas’ delegation from undermining the federal deregula-
in a video produced by the American supported the Denham Amendment tion of the interstate trucking industry.
Trucking Associations that it takes during the vote. It argued that Congress had sought to
10-15 minutes to exit the road and “Today’s win was an important ensure rates, routes and services were
another 10 minutes to get up to speed, turning point for F4A, especially fol- based on competitive market forces
not to mention the difficulty in finding lowing the Omnibus setback just one governed by efficiency and innovation.
a place to stop. month ago,” said John Lynch, senior 


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It said state laws are preempted if they
have “a connection with” prices, routes
or services, even if “only indirect.” This “THE NINTH CIRCUIT HAS BEEN MISAPPLYING THE
was done in order to “avoid a patchwork SUPREME COURT’S PRECEDENT, AND SO I WOULD
of state laws, rules and regulations.” THINK THE SUPREME COURT WOULD WANT TO TAKE
California’s attack on trucking’s piece- THE OPPORTUNITY TO HELP THE NINTH CIRCUIT SET
rate payment system would not require
employers to pay employees more — just THE RECORD STRAIGHT THERE.”
differently, and with less incentives
for high-value activities. Meanwhile, —PRASAD SHARMA, AN ATTORNEY WITH
California’s rules added administrative SCOPELITIS GARVIN LIGHT HANSON & FEARY
burdens for tracking productive and
non-productive time.
It’s not yet known if the Supreme
Court will hear the case. According to and ADA cases, and they’ve narrowed Sharma said the Ninth Circuit has, the federal courts’ the scope of preemption… failed to appreciate the ruling’s impact
website, the Supreme Court is asked “The Ninth Circuit has been mis- on the trucking industry — at the same
to review more than 7,000 cases each applying the Supreme Court’s prece- time it is misinterpreting the law.
year and accepts between 100 and 150 dent, and so I would think the Supreme “The preemption is against state
of them. The court earlier had refused Court would want to take the opportu- laws that relate to motor carrier prices,
to hear the Dilts case, but J.B. Hunt is nity to help the Ninth Circuit set the routes or services,” he said. “And what
arguing that this case is more worthy of record straight there.” the state meal and rest break laws do is,
hearing for several reasons, including Sharma said resolving that conflict they say, ‘OK, you cannot provide ser-
the fact that J.B. Hunt is an interstate and settling a disputed part of the law vice, period, during these times that we
carrier, while the Penske case involved would be a reason the Supreme Court the state has decided employers need to
intrastate hauls in California. would take the case. provide employees breaks.’”
Prasad Sharma, an attorney with The Arkansas Trucking Association
the Scopelitis Garvin Light Hanson BUT WHEN? was one of 22 state trucking asso-
& Feary transportation law firm, said When that would happen is unclear. ciations that joined an amicus curiae
the case is “cert-worthy” because of its The Supreme Court is under no timeline (friend of the court) brief filed by the
national importance and because of or deadline to act. Typically, the justices American Trucking Associations. It
the conflict between the Ninth Circuit would schedule a conference to discuss argues that Congress passed the F4A to
and rulings from other courts, includ- the case’s merits and then might ask ensure motor carriers could implement
ing the Supreme Court. In 2014, the Solicitor General Noel Francisco for his efficient, standard business practices
Supreme Court reversed another Ninth recommendations — the solicitor general across the country after the industry
Circuit decision in a preemption case in being the official who represents the was deregulated. The brief argues that
Northwest, Inc. v. Ginsberg. That case federal government before the Supreme adding state meal and rest breaks to
was based on the Airline Deregulation Court. federal hours of service rules reduces
Act of 1978, but the language in the two The Supreme Court declined to hear productivity “in an industry where
laws — the ADA affecting airlines, the Penske’s appeal in the Dilts case after the carefully engineered logistical networks
F4A affecting trucking — is the same. solicitor general recommended against are crucial to the efficient movement
According to Sharma, “There are a hearing. However, that occurred with of freight.” Terminals were chosen so
other circuits that have understood a previous solicitor general during the driver breaks would coincide with other
from the plain language, legislative his- previous presidential administration. activities, such as loading and unload-
tory and from congressional intent, F4A Sharma said a new administration with ing at a dock. California’s rules could
preemption is intended to be broad in a new solicitor general might be more force carriers to create additional facili-
scope, and it’s intended to really foster inclined to say yes to what has proven to ties or relocate new ones.
the promotion of market forces in the be a recurring issue. “The result is a cascade of ineffi-
transportation industry to promote On preemption cases, the Supreme ciencies that would significantly reduce
efficiencies and innovation. …What Court does not necessarily fall along the services a carrier can offer under
the Ninth Circuit has done is they’ve liberal-conservative lines. In the Ginsberg the uniform federal regulations — pre-
applied a test that is out of step with case, the vote was 9-0. If the Supreme cisely the sort of state interference with
what even the Supreme Court has sug- Court takes the case, it could be a positive motor carrier services that the F4A was
gested should be the test in prior F4A omen for how it will rule, Sharma said. designed to prevent,” it said. ATR


Arkansas Trucking Association Launches

“Focus. Drive. Stay Alive.” Initiative

By Bethany May
Managing Editor help educate Arkansans about
the dangers of driving while
To kick off Distracted Driving distracted and safely sharing
Awareness Month, Arkansas Trucking the road.”
Association launched a statewide ini- The campaign kick off is
tiative on April 2 to educate the public just one step in a broad plan to
about the dangers of driving while dis- improve highway safety in the
tracted. state by addressing distracted
Gov. Asa Hutchinson joined driving. When ATA was award-
Arkansas Trucking Association officials, ed funds through the Arkansas
members of the Arkansas Road Team, Commercial Traffic Safety
officers from the Arkansas State Police Education Program to develop and further and really try to get an under-
and the Arkansas Highway Police, to manage the media and education cam- standing of who is most likely to drive
announce “Focus. Drive. Stay Alive.” paign, they laid out a multi-step strat- distracted, then work toward creating
at the Arkansas State Capitol in Little egy to influence behavior on the road, messages that will help change those
Rock. which included researching, planning, behaviors,” Newton explained.
“One of our goals is to make implementing and evaluating results. To that end, the Arkansas Trucking
Arkansas’s roads and highways safer “We’ve all seen public service Association surveyed Arkansas drivers
for all drivers,” said Arkansas Trucking announcements warning against dis- about their driving habits, and conduct-
Association President, Shannon tracted diving. With our campaign, 
Newton. “’Focus. Drive. Stay Alive.’ will however, we wanted to take it a step


ed focus groups to gain more insight
and assist with campaign development. “ It’s a
The 600 Arkansans surveyed reflected
our state’s population and demograph-
ics. Among the more surprising find-
ings: contrary to the image of a teen
texting emojis on the way to a party, Must
some of the most experienced drivers
are the ones most likely to participate
in activities that make their driving
The “Focus. Drive. Stay Alive.” Read!”
initiative will be actively engaging
with businesses to create policies that
encourage safer driving, and will also be ers — moms and dads trying to get home During the month of April, the
using traditional advertising and social after work, busy professionals going national distracted driving effort
media to remind Arkansas drivers that about their daily lives, or commercial focuses on ways to change the behavior “I’m Dan Cushman and I have
focusing on driving is the best way to truck drivers — are able to get home of drivers through legislation, enforce-
arrive home safely. safely every day.” ment, public awareness and education. only great things to say about the
“Our ultimate goal is to reduce the Billboards went up in mid-April, Law enforcement participated in Arkansas Trucking Report. You
number of accidents on Arkansas roads and public service announcement- their own distracted driving awareness can’t call yourself a trucker and
that are caused by distracted driving style ads will begin rolling out in May. month initiative “U Drive – U Text –
activities,” said David O’Neal, Arkansas Online, drivers will be asked to take a U Pay,” through ads and increasing not read the Arkansas Trucking
Trucking Association vice president pledge to avoid distractions on the cam- enforcement presence on roadways to Report. You can’t help but love it!”
of safety and industry engagement. paign website www.focusdrivestayalive. issue citations for drivers engaged in
“We want to make sure that all driv- com. distracting behavior. Dan Cushman
Arkansas law prohibits the use
of a hand-held cell phone for texting,
The coverage you need. The guidance you trust. typing, email or accessing the internet Dan Cushman
while driving, regardless of the driver’s President & CEO
age. It is also a “primary offense” law, PAM Transport
which means a state trooper, police
officer or sheriff’s deputy can initiate a
traffic stop without observing any other
“Commercial truck drivers are
responsible for complying with federal
motor carrier safety regulations which
focus on safe driving behaviors; how-
with Arkansans who may also be driv-
ing distracted,” Chief Jay Thompson
1500 Riverfront Drive of the Arkansas Highway Police said at
Little Rock, AR 72202 the press conference. “In fact, research
(501) 661-4800 shows many crashes along our nation’s
(800) 542-0226 highways involving passenger cars and
commercial motor vehicles are caused FAYETTEVILLE by the actions of the person driving
1465 E. Joyce Blvd. Suite 205 the passenger car. Bottom line: let’s all
Fayetteville, AR 72703 focus, drive, and stay alive. Together
(479) 684-5250
we can make Arkansas roads safer for
©2018 Regions. Regions Insurance is an affiliate of Regions Bank. Products and services are everyone.” ATR
offered by Regions Insurance Inc. and underwritten by unaffiliated insurance companies.
Regions Insurance does not provide legal or investment advice.
For advertising information, contact Amanda Lamb

26 Issue 2 2018 | ARKANSAS TRUCKING REPORT at (501) 372-3462 or

“ It’s a



“I’m Dan Cushman and I have
only great things to say about the
Arkansas Trucking Report. You
can’t call yourself a trucker and
not read the Arkansas Trucking
Report. You can’t help but love it!”
Dan Cushman

Dan Cushman
President & CEO
PAM Transport

For advertising information, contact Amanda Lamb
at (501) 372-3462 or




American Trucking Associations President and CEO Chris Spear
talks about the common ground beneath our feet

By Bethany May
Managing Editor
“KIDS WERE UNBRIDLED in Nebraska and most places in
the Midwest… We were free to go from dawn to dusk. Parents
didn’t question where we were. We were miles out in the coun-
try fishing or riding our bikes, or doing things we probably
shouldn’t have been doing, but parents didn’t worry about their
kids. Because they knew they’d be home in time for dinner
every night.”
Chris Spear, president and CEO of the American Trucking Associations,
sits in his office at the national ATA headquarters in Arlington, Va. describ-
ing his upbringing in the small town of Auburn, Ne., home to about 3000
residents. Leaning forward in his chair, he is well-coifed, polished, profes-
sional. There’s no visual evidence that he spent his childhood swinging from
a railroad bridge out into the Little Nemaha River or jumping out of pickup
trucks to swipe pumpkins past their prime from neighborhood porches after
To trace his history from a cross-country running, rural Nebraskan
teenager to the head of the biggest trucking interest in the nation, you
must span five continents, work in two war zones, fall in love with and


Wyoming in Laramie and study politi-
cal science. “It was really a sea change
for a small town kid like me …There’s a
lot of good memories from that era of
For starters, it’s where he met his
PARTNER IN TRUCKING. wife Michelle almost 26 years ago.
WE DID EVERYTHING RIGHT.” “I didn’t think she liked me for
the first semester. I thought it was her
roommate who liked me, but it was
actually my soon-to-be wife. It took me
a while to untangle that and figure it
in Wyoming, serve in a presidential sion working in transportation, trucks out, but when I did, we dated for three
administration, work for a multi-billion have always been a part of his landscape years, my sophomore year through grad-
dollar international corporation and get since he was a child. Auburn was a uation, and then got married.”
very good at storytelling, because he’s farming community. His friends’ par- Spear got his graduate degree in
now responsible for telling the stories of ents were farmers and owned trucks public administration and began work
the 7.4 million people who work in the to move agricultural products and live- for Sen. Allen Simpson (R-Wy.) Then, in
trucking industry. stock. His father, a teacher and coach the early ’90s, the newlyweds moved to
For Spear, those stories aren’t at the local high school, spent summers the Beltway when Sen. Simpson asked
myths or stereotypes or legends. They trucking grain, doing odd jobs and Spear to come work in his D.C. office
are real, American nonfiction accounts moving the harvest to nearby silos. and learn how Washington works. His
of the people who travel the roads that Trucking was an integral part of wife came and worked for Wyoming
connect the Pacific to Atlantic, city to the livelihood of the community. Sen. Thomas. They were just out of col-
country, and heartland to Beltway. After graduation, Spear left lege, he says, both working on the Hill,
Though Spear says he didn’t envi- Nebraska to attend the University of hardly making enough money together

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to make rent, “but it didn’t really mat- spent time in the private sector, in gov- a stoic loyalty to the mission because
ter because you are at work all the ernmental relations at Honeywell and just 6 months after he took the role as
time.” Hyundai. head of the ATA, he delivered a big win
This was the real start of Spear’s But coming back to the Hill to lead despite the toxic environment.
education. He insists that learning the the American Trucking Associations is “You really have to work with what
process comes first, learning the Hill, coming back to a very different envi- you’ve got,” he says. And while others
the Agencies, how a rule is proposed ronment in Washington than when he may see the glass as half-empty or just
and implemented. began over 20 years ago. An ideologi- completely drained, Spear generally
cally toxic political environment, Spear seems optimistic about getting things
TOXICITY IN THE CITY says. He describes the slim working done for his membership — the compa-
“That was back at a time where majority in Congress, the divisiveness, nies, executives and state associations
bills were actually debated and passed. where too many are quick to point fin- that make up the national organization.
They were amended on a pretty regular gers at one another, unwilling to evolve, He points to a specific hours-of-
basis. That doesn’t happen so much change their minds or compromise. service victory to illustrate his strategy
anymore,” he says. “So I have very fond “Associations and other interests and how ATA utilizes every resource to
memories of growing up and learning around town kind of throw up their deliver a measurable return on invest-
the process when it actually did work.” hands and point fingers and blame ment to members, something he says is
Later Spear moved to Sen. Mike the environment that they are in,” he so important for any business to quan-
Enzi (R-Wy.)’s office, served as legisla- explains. “They say it’s too toxic to get tify what it offers.
tive director for Sen. Tim Hutchison anything done.”’ There are problems In Dec. 2016, with the election over
(R-Ark.), before being tapped to work with it, he admits. “But I wouldn’t say and Donald Trump preparing to take
under then-Secretary of Labor Elaine it’s broken. It’s definitely a challenge, over the Oval, Pres. Obama signed a
Chao in 2001. He was the White House but that doesn’t mean you just give up.” bill, “essentially permanently eliminat-
liaison for regulations during the Perhaps something Spear carried ing a rule his own administration put
George W. Bush Administration. away from his coming-of-age in the forth.”
In his 20-something year career, he Cowboy State is a resourcefulness and 

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FAMILY: I’ve been married coming around 26 years. I met my wife in college. We’re both from
Nebraska, and we’ve got four children: James (19), Anna (17), Thomas (12), Eva (7).
I can’t say enough about them. They are the centerpiece of our family, where we spend a lot of our time
outside of work is really centered around what they do, their events, things that interest them. The kids
are really a big part of our lives.
not just at work, but with them. My wife and I go a long way to be involved in the activities and classes
and topics that interest them most.

FAVORITE SPORTS TEAM: Oh …Washington Redskins. I’m almost ashamed to admit it.
That’s why I hesitated, but I love the Redskins.
CURRENTLY READING: I’ve been reading a book about the Korean War, how it started, how it
transpired, how difficult it was, what that was like, very changing environment globally. I spent a lot of
time before coming to this job in Korea, so I wanted to learn a little bit more about the history there. It
was rather interesting to have that backdrop coming into the Olympics, some of the histories that were
behind how the Olympics were held there, and how North and South held hands the best they could to
get through that in a way that was good for the world and other countries to witness.

The years of efforts to educate law- the down select of those decision mak- people that shaped him personally and
makers on how those hours-of-service ers came down to less than 8 people.” professionally is something Spear car-
rules (the back-to-back 1 am-to-5 am Spear says, ATA asked, “What ries. “I never forgot the upbringing.
and the 160 hour rule) introduced more states? What congressional districts are That’s always stayed with me,” he says.
safety issues, less efficiency, more con- they from? Who do we have from our His strategy for being a good leader
gestion, subsequently higher rates for membership that is in those states and of ATA is to prioritize common ground,
shippers and significantly more head- districts that can come in and tell that the issues we all have in common, with
aches into the trucking industry than story?” And they used that strategy all bipartisan support, but even when it’s
the problems it aimed to solve paid off, the way up to the last minute! possible to unite behind an issue, it’s
and Spear credits the united front of “We never took our foot off the not easy to convince politicians to see
carriers of all sizes and types, suppliers gas. We were always engaged. And that things the same way their electorate
and other businesses up and down the win was significant because it was an does, to stay connected to the places
supply chain that were affected by the example of where we did everything and people they represent. Inside the
flawed rules, shippers paying the price, right and hardly anything went wrong.” beltway isn’t just a geographical posi-
and a whole host of other voices that tion; it’s an ideological one.
could come together for one cause. REMEMBER WHERE YOU Maybe because he never forgot
“We leveraged everything we had. CAME FROM where he came from, Spear has been
We used our Call on Washington pro- The places we come from shape unwillingly to let legislators forget their
gram and partnership with our state who we are and where we end up. own hometowns and the districts that
associations, really canvassing Capitol Spear speaks lovingly about his days in shaped and elected them.
Hill, and telling our story. We used our Wyoming, and you want to picture an “We are now an 85-year-old asso-
coalition work. It wasn’t just a truck- Americana cowboy landscape, beneath ciation, a 50-state association. Where
ing voice. It was the entire supply chain the purple mountains majesty. He says, Washington may be incapable of, or
impacted by that issue. We told our he and his wife fell in love with it and even unwilling to, advance certain
story through Truck-PAC and really that they will return someday. They issues that are important to our indus-
supporting people that champion our serve on the board of their alma mater, try, you still have a tremendous amount
issues. We want them to come back and their eldest son is even attending. of leverage with our state associations,
and be re-elected. We brought in a lot Spear’s career, family and first taste of with our state executives, with the
of members that went face-to-face with independence started there. members back home.
key decision makers. In the very end, That connection to the land and 


President Trump speaks at tax the Hill to carry the water, and we did.
rally in Penn. And we won it.”
Spear is referring to the tax rally
in Pennsylvania, at which a truck and
trailer wrapped in a red, white, and blue
message, “Truckers for Tax Reform,” was
the backdrop for the President’s unveil-
ing of his tax reform plan.
The final plan that Pres. Trump
signed into law in Dec. permanently
reduces the corporate tax rate from
35 percent to 21 percent. ATA has
canvassed members after the reform
passed, and over 50% say they are giv-
ing it back in the form of employee pay,
bonuses, pensions. Nearly 50% said
they were going to invest it in brand
new safer equipment.
“You can go and talk to publicly
traded companies on Wall Street and
“WE ARE NOW AN 85-YEAR-OLD ASSOCIATION, ask, What did you do with the money?
A 50-STATE ASSOCIATION. WHERE WASHINGTON How many invested it back into salaries,
MAY BE INCAPABLE OF, OR EVEN UNWILLING TO, bonuses, pensions, retirement, and you
ADVANCE CERTAIN ISSUES THAT ARE IMPORTANT TO hardly get one hand to come up,” Spear
AMOUNT OF LEVERAGE WITH OUR STATE right partner in trucking. We did
ASSOCIATIONS, WITH OUR STATE EXECUTIVES, WITH everything right. We used the Call
THE MEMBERS BACK HOME.” on Washington program. We worked
the coalitions with the Chamber of
Commerce and beyond. We worked
through our Truck-PAC to really culti-
“And they are part of the electorate. CARVING ANOTHER PATH vate the right environment to pass that
They are part of the voting block that When Congress is slow to fix issues legislation. That was a big, BIG measur-
sent these senators, house members like the meal and rest break require- able win for our industry that is going
and the administration to represent ments in California that conflict with to pay dividends for years to come.
them. And while certain times here the federal standard, Spear says ATA has That is more money in their pocket to
in Washington, [our efforts] don’t a Plan B, Plan C, and is willing to keep spend on their employees, their equip-
particularly help move the needle, put- planning until the job is done.(Read ment, their companies and grow the
ting somebody that is from back home more on how this issue is complicating industry long-term in ways that we
in front of them and holding them interstate commerce on Page 19.) The couldn’t have envisioned prior to that,
accountable, can.” Courts, the Agencies, and then work- so that was big.”
He explains that the federation ing directly with the White House are
isn’t just made up of a few big business- all options for resolving problems. ATA PATRIOTISM, THE CONSTITUTION,
es, membership reaches into every state, doesn’t give up at road blocks. It carves AND THE FUEL TAX
every region, every congressional dis- another path. And the next big priority is infra-
trict in the United States. There aren’t a Last Oct., that path went straight structure. While it should be obvious
lot of associations based in Washington to Pres. Trump. common ground and has been one
that can say the same. “The U.S. hadn’t passed compre- of Pres. Trump’s usual talking points
“Leveraging your reach into a rep- hensive tax reform since 1986. We were before and since the election, in the last
resentative’s backyard is a really, really the ones, our members, ATA launched 15 months, it’s been pushed further
critical element in getting them moti- the legislative phase of that for this and further down Congress’s calendar,
vated and engaged in championing our president in Harrisburg, Penn. He called in place of much more divisive tasks,
cause.” on us, and then dispatched us through 


STM_1million_trucks_v3.pdf 1 6/17/16 2:47 PM




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and now the headlines predict, no carry a little copy of it in their pocket.
infrastructure until after midterms in They love to wave it around at the
November, presumably because while campaign events and say how wedded
everyone agrees infrastructure improve- they are to the Constitution. I seriously
ment is necessary, the conversation doubt they have taken the time to actu-
about how to pay for it is hard one to ally read it.
have. “Cause if they had, they’d look at
‘We’ve testified now before the Article 1 and understand that the two
Senate and the House, shaping our posi- core things that they are responsible
tion and hopefully the broader policy for doing is defense and infrastructure-
that’s part of this infrastructure bill. -and here they are proposing to devolve
We assembled a task force made up of infrastructure to the states because they
our members to create a policy that has don’t want to touch it. They don’t want
now become the Build America Fund. to raise the revenue and they want no
This is a 20 cent increase in the user fee federal role in administering the over-
phased in 5 cents a year, over 4 years. sight.” “THAT’S THE FIRST
That’s $340 billion of new, real money- Spear explains that a state like TIME THAT A SITTING
-very conservative to administer, less Texas or California might not directly PRESIDENT HAS EVEN
than 1 penny on the dollar. suffer from that kind of thinking,
“It’s very conservative, doesn’t add because those states could raise the UTTERED THE WORDS
anything to the deficit and shores up cash and administer the program, but ‘FUEL TAX’ SINCE
the trust fund.” the states where he’s from — Wyoming 1993. FIRST TIME. WE
Spear would contend that there’s or Nebraska — rely on the federal part-
not another policy being debated in nership to fund the interstates and DID THAT. WE ARE
Washington that does all three of those highways. Furthermore, it’s not just the CHANGING THIS TOXIC,
things. poorer states that are affected because DIVISIVE ENVIRONMENT
Reports say that the President has the interstates are necessary to inter- BY USING ALL OF THE
mentioned raising the fuel tax to fund state commerce. “Trucks and cars don’t
infrastructure in White House meet- stop on the state line because one state TOOLS AVAILABLE
ings, but if he actually consistently can afford it and the other can’t.” TO US, AND WE ARE
endorses that option still remains to be That is the core responsibility in the STAYING UNITED.
seen. Constitution, Spear says, and he takes
But Spear’s spirit is not damp- seriously the responsibility of pointing WE PICKED AN ISSUE
ened by the idea that Pres. Trump may that out. THAT WE ALL AGREE
not put his weight behind a user fee, “Look at our economy and how ON — LARGE AND
because the mere mention is progress. it’s grown since the ’50s, since the SMALL.”
“That’s the first time that a sitting Eisenhower administration. We were a
president has even uttered the words part of that. We invested in that, and
‘fuel tax’ since 1993. First time. We today, we contribute nearly half the tab
did that. We are changing this toxic, in the Highway Trust Fund. And we’re food, more for our clothes. Costs come
divisive environment by using all of the now advocating investing more, and down when you eliminate congestion,
tools available to us, and we are staying what will that do? Well, we lose right so that’s a very measurable thing that
united. We picked an issue that we all now as an industry $63.4 billion a year comes from investment.”
agree on — large and small.” sitting in traffic. We track and report The argument is both about legisla-
The tougher critics will, of course, on it every year with the US DOT. tor’s Constitutional duties, but it’s also
be Republican lawmakers that have That’s 62,000 drivers sitting idle for an numbers. He talks faster and punctu-
come to Washington taking no new entire year, sitting in traffic because we ates his points with audible frustra-
revenue pledges. And on this issue, are not investing in infrastructure. If tion, when he explains that average
Spear is noticeably miffed. you alleviate traffic, you free up com- motorists — not truckers — spend $1500
“These are the same people that merce. You free up commerce, things annually because of inaction. The cost
raise their right hand and swore on get delivered at an earlier point in time. of congestion and vehicles damaged on
the Bible that they would protect and That shaves costs. That is not passed unmaintained roads is less than motor-
defend the Constitution of the United on to consumers like you and I that are ists would be charged at the pump.
States. These are the same people that paying more for a coffee, more for our 


“Spot On!”

“I want to let everyone know that the articles in the Arkansas Trucking Report
are spot on! The photos and in-depth coverage are excellent. You get it and it

shows! Keep up the good work that you do for our industry!”
Kevin Burch

Kevin Burch
President, Jet Express, Inc.
Past Chairman, ATA
Past Chairman, TCA

For advertising information, contact Amanda Lamb at

(501) 372-3462 or


That is how a business would look experience, I was very different. You ers license. He’s quick to note that the
at this, offsetting costs and protecting really begin to appreciate all that you problem is too big for one fix and that
commerce. have and all you could lose in an a “menu of solutions” is going to be
“But,” Spear points out, “in a instant. Life is very finite in that envi- needed to start filling the crater left by
country this size, different than other ronment.” an aging workforce.
parts of the world, our infrastructure, He said he would go to do his job, One option is hiring 18-21 year-
our connectivity between all the modes not thinking long term or day-to-day, olds with apprenticeship programs to
is also a very much a national secu- but down to the minute, down to the mentor, train and graduate them into
rity issue. Our ability to support our second of what could happen from a CDL.
country coast-to-coast really depends Point A to B. “Give us the right to go after that
on our ability to move fuel, to put fuel “You could be eliminated. Just like earlier age of talent and bring them into
in planes and ships and tanks, and the that. Indiscriminately chosen. You are the industry and keep them. We are
things we do to defend our country. It done. You’re gone. And it makes you looking at hiring our veterans, taking
requires strong infrastructure and a realize that everything that you do every care of our aging workforce, looking
network of roads and bridges to do all day, at work or at home, matters.” at healthcare. These are all things that
that. To suggest that we need to devolve This is why he doesn’t quit when are all going to be part of that menu
it to the states is compromising the sec- the air around town is toxic and com- of options. I think this is going to be
ond piece of the Constitution, which is promise is a dirty word. He learned to one of the biggest, defining issues for
a strong defense.” do everything to the highest level that our industry in years to come because
Taking care of America means tak- he possibly can. “It’s something that our ability to grow is really going to be
ing care of the things she has built and I’ve never let go of, coming back here I dependent on who we bring into the
made possible. The stripes of the high- take every minute as a husband, every workforce.”
way are as patriotic as the fabric stripes minute as a father, every minute at On all the issues, Spear is just look-
of the flag. church, every minute at work — even in ing for ways to win for his membership.
my social life when I go out, I take full “Going through all the different
EVERY MINUTE advantage to tip a glass to my staff, to things that I’ve done and now to be able
If speaking of asphalt and bridges thank them for everything that they to lead this association for an industry
gets a passionate response from Spear, just did, and how important that was to of good, passionate people, hardworking
recounting how he felt after September our members and to our own associa- people that just want to be able to grow
11 elicits a reverent tone. tion and its success. Every minute.” their businesses and really enjoy the
When the towers fell, he identified He remembers the Iraqi groups that fruits of their labor, to be able to see the
with so many others who wanted to didn’t want the U.S. there and went return on all that effort that they put
give back, who felt pangs of patriotism. to great lengths to ensure many never into it.”
One day, after the U.S. invaded Iraq, came home. As an appointee of the “It’s sort of the great American
Pres. George W. Bush requested some- president, he could’ve left, quit, gotten spirit. Hard-working people, the back-
one from every department go to run on the next plane out, but he worked bone of the economy.”
the sister agency in Baghdad. alongside men and women without that People tell Spear that it’s just hard
Spear went home and talked to his option, on 12-month or longer missions to get things done in Washington, but
wife that night and volunteered the with operating orders to complete. he doesn’t accept that. Truckers know
next day to represent the Department As workforce issues continue to hard work, he says. They live it every
of Labor where he was serving as liaison plague the trucking industry, Spear day, and he’s committed to telling that
for regulations. In under a month, he notes that veterans may be one piece of American trucking story.
was on a plane to Iraq, and that experi- solving the problem. “If we do that well, we are going to
ence has colored everything he’s done ATA has worked with Hiring Our preserve our industry and those hard-
since. Heroes and on legislation to fast track working men and women and families
“When I came back from that vets into getting their commercial driv- for many, many years to come.” ATR


Blockchain Primer

ATA’s Accounting & Finance Council hosts experts to
talk blockchain in theory and practice

By Lacey Thacker The first speaker, Ken Craig, vice presi- agreed upon by all users on the net-
Contributing Writer dent of special projects with McLeod work. Data is immutable, meaning once
Software, presented “Blockchain 101,” a block of information is added to the
Bitcoin. Blockchain. Digital cur- in which he provided a brief introduc- chain, it’s impossible to change. The
rency. These words are all over the news tion to blockchain, bitcoin and how it’s links between blocks of content are pro-
and regularly appear in trucking pub- all connected. tected by cryptography—previous entries
lications with claims that blockchain can’t be deleted or forged. That’s part of
technology will disrupt the industry as BLOCKCHAIN THEORY the theoretical beauty of blockchain: it’s
we know it. In fact, the very presence of On a blockchain, data is recorded incredibly secure. The lack of a central
the word “blockchain” is so trendy, that in blocks, one right after the other. authority also means there is no single
some companies—not all of them tech- Each block contains all the transac- place for bad actors to attack.
nology related—have added it to their tions related to that previous set. That Craig also suggested that in order
names only to see a threefold increase block is broadcast to all computers on to understand what blockchain technol-
in their stock values. the network, and the computers in the ogy is, it’s helpful to understand what
But what is blockchain technol- network validate the transactions in the it is not. Blockchain is not Bitcoin—the
ogy, and how is it connected to digital block, after which the block is added to latter is merely built on blockchain
currency, let alone the transportation the chain. “So, basically what you have technology. In 2008, Satoshi Nahimoto
industry? is a digitally distributed transaction led- posted the following to an online chat-
During the first quarter meeting ger with identical copies maintained on group: “I’ve been working on a new
of the Arkansas Trucking Association’s each of the network members’ comput- electronic cash system that’s fully peer-
Accounting & Finance Council on ers,” Craig explained. to-peer with no trusted third party.”
March 6, the Council hosted a series of “There is no centralized database,” Nakimoto is the anonymous inventor of
speakers presenting on the development Craig stated. Blockchain technology Bitcoin, the most famous of the digital
of blockchain technology and its poten- allows information to be distributed currencies. Digital currency, such as
tial role within the trucking industry. to all users, and all changes must be Bitcoin, has no redeemable value—that
is, it exists solely digitally and does not
have a print version. It is also decentral-
ized, meaning there is no bank or gov-
A CENTRAL AUTHORITY ALSO MEANS THERE IS NO Instead, data collected through the
use of blockchain technology must be
SINGLE PLACE FOR BAD ACTORS TO ATTACK. “imported into real databases for analy-


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Lane Black addresses the group

attorneys as a possible example. “I don’t
“I DON’T THINK SMART CONTRACTS ARE GOING TO think smart contracts are going to put
PUT LAWYERS OUT OF BUSINESS, BUT IT CERTAINLY lawyers out of business, but it certainly
may change their role,” says Burruss,
MAY CHANGE THEIR ROLE.” during his presentation entitled,
“Blockchain Revolution in Transport.”
IN TRANSPORT ALLIANCE stakeholder engagement, education,
networking and benchmarking. The
second focus is the standards council, a
sis and analytics,” says Craig. between two parties. In some cases, it’s separate 501(c)(6) industry association.
Because much of the buzz around an event that’s triggered by specified Explaining the logic behind separating
blockchain technology — particularly as actions. The code for the smart contract the two verticals, Burruss stated, “It’s
it relates to cryptocurrencies — makes it is placed in the blockchain, and it self- important the standards piece not get
sound very Wild West, one may assume executes on triggering events, explains mired down in bureaucracy.”
anything developed using blockchain Craig. To date, BiTA has 1600 applica-
technology must be public. However, tions in hand and 275 paid members.
that’s not the case. Instead, there are BLOCKCHAIN STANDARDS Industry participants come from all sec-
public blockchains, in which any person “Blockchains have no inherent tors — rail lines, technology, telematics
or group can read or write transac- value for internal functions,” Craig companies, even universities. In fact,
tions — such as Bitcoin. On the other says. Instead, “It’s about an interoper- the University of Central Arkansas was
hand are permissioned blockchains, in able system of blockchains.” There may the first university member. And while
which participants are “known, trusted, be a blockchain for carriers, shippers, Bitcoin is bringing some unwanted
and preapproved” and only “permis- the finance sector, human resources, attention from the government to
sioned read and/or write access to the driver ID and many other areas. To blockchain tech, not all attention is
database” is granted, explained Craig. help develop standards that allow negative. The Department of Defense
There is still no central authority, those blockchains to interoperate, the has been in touch about the possibil-
but because the participants must be Blockchain in Transport Alliance, or ity of using blockchain to track nuclear
granted access, they will go through a BiTA, was formed in mid-August of weapons, and FEMA is interested in
preapproval process. On a permissioned 2017. “BiTA is what will make block- how blockchain technology can create
blockchain, not everything on the chain in transportation successful,” greater efficiency during disaster relief.
blockchain must be deeply encrypted. says Craig. The standards created by BiTA will
Some of the major potential for Chris Burruss, ex-officio member be open-source and royalty free, Burruss
blockchain lies in smart contracts. It’s of the board of directors of the newly- explained, in an effort to help ensure
not a contract that creates a contrac- formed BiTA, acknowledges that not that future blockchains are able to work
tual obligation — though it could later everybody wins with the implementa-
become used for that — it’s an agreement tion of blockchain technology, citing 


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BLOCKCHAIN IN PRACTICE Lane Black — were on hand to discuss
Recently, students from the their project and its implications. It
University of Arkansas College of was important to the students they be
Business participated in a “Hackathon” able to distill the complexity of block-
designed to push students’ problem- chain into a usable case study. “We
solving skills to the limit. want to take all the ideas and all the
Over fifty students participated in hype around blockchain and help you
the two-day event, which was sponsored understand how you can put this into
by Walmart, Tyson, J.B. Hunt, ArcBest action,” Franklin said.
and IBM. First, students selected test The students’ test case was an issue
cases provided by the sponsor com- of slow carrier authorization being
panies. These cases are all real-world experienced by J.B. Hunt. One of the
Ken Craig, McLeod Software problems the companies are currently teams’ goals, Black stated, was “to build
facing that they would like to solve out their carrier payment process so
together. The standards are not intend- with blockchain, says Michelle Garcia, carriers get paid more quickly in order
ed to provide coding for the technology a student from the winning team. to reinforce relationships.” The team
itself, only to help ensure that codes Using Hyperledger, a software devel- discovered that part of the issue of slow
written allow individual blockchains to oped by and provided to the students payment was due to a slow routing of
communicate. “If you’re having to man- by the Linux Foundation, students physical documentation. Relevant per-
age multiple blockchains, the promise of began developing their solution. Finally, sonnel had to call, email or even send
efficiency is no longer a reality,” Burruss they presented solutions created in paper. The more manual a process, the
adds. Aside from the straightforward Hyperledger along with mockups of the more opportunities for human error,
need for standards, Burruss points out user interface. Garcia said, further explaining that it
that if the industry doesn’t develop their The Hackathon’s winning currently takes more than twenty days
own set of standards, it can expect the team — Katy Venkataratinam, Michelle for J.B. Hunt to pay carriers.
government to step in and create them. Garcia, Anna Grace Franklin and The team’s solution was to create a

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blockchain program designed to remove
the need for physical documentation.
Instead, data, including shipment “BITA [BLOCKCHAIN IN TRANSPORT ALLIANCE]
pickup/dropoff times, dates, locations, IS WHAT WILL MAKE BLOCKCHAIN IN
verification of accessorial charges and TRANSPORTATION SUCCESSFUL.”
payment details are all entered via the
user interface, where the customer, the
shipping location and the receiving —KEN CRAIG, VICE PRESIDENT OF SPECIAL PROJECTS WITH
location are all able to view the details MCLEOD SOFTWARE
of the shipment. Upon final delivery,
the blockchain is able to trigger a pay-
ment event through an external pay-
ment gateway, with all the details of the ent time than the ELD claimed? The gramming. There’s so much flexibility
entire shipping process stored securely team was able to automate a reaction and nuance in what you can put into
on the blockchain. “This is a permis- even when conflicting data is entered. them,” Franklin said. The algorithm
sioned blockchain, so only authorized If the driver and receiver times were also only stores data after consensus
users will be able to monitor the assets within 30 minutes of each other, the from multiple parties, so conflicting
during their lifecycle,” Venkataratinam driver’s time would be used. If they data can be resolved.
explained. As Craig noted during his were more than thirty minutes apart, All speakers agreed that while
presentation, part of the excitement the receiver’s time would be used. But blockchain may be a buzzword for good
around blockchain for asset manage- Lane noted that if such a situation reason, it shouldn’t be implemented
ment is that, for any asset, “…you can occurred and the company preferred to across the board. The Hackathon gave
tell where it is, where it’s been, and investigate, such a differential in times students a chance to apply blockchain
what’s happened throughout its life.” could trigger a note to staff to review to a specific set of problems, but tech-
But what if a receiver claimed the the event before a time is entered. nology is, the experts say, not a one-size
truck arrived and departed at a differ- “They’re [smart contracts] straight pro- fits all solution. ATR



July 12 -14

Rogers, Ark.


Ready Driver One

Arkansas Road Team begins training on its new driving simulator

Loren Hatfield (ABF Freight) with student

By ATR Staff video gamers and hands-on learners. tually share the road.
Thanks to a grant from the Arkansas On April 26-28, the Road Team
The Arkansas Road Team has gone Commercial Truck Safety and Education gathered in Beebe, Ark. at Stallion
high-tech with its Share the Road Program (ACTSEP), Road Team captains Transportation’s training facility, to
program, and the new technology is will now be able to invite drivers behind learn to use the simulator from L3
sure to be a hit with young audiences, the wheel of a driving simulator to vir- Technologies. Senior trainer Steven
Tatum was on hand to teach captains
about the software and how to create
their own simulated driving scenarios.
The primary purpose of the simula-
tor is to use a controlled environment
to educate drivers — especially high
school students — on safe driving best
practices. Key to the program is learn-
ing how to safely drive around large

t Mark Rook and Eric Brockette (FedEx
Freight) get instruction from Steven
Tatum (L3 Technologies) on building



Award-Winning Magazine of the Arkansas Trucking Association Vol. 22 | Issue 3 2017 | $4.95 Award-Winning Magazine of the Arkansas Trucking Association Vol. 22 | Issue 5 2017 | $4.95
Flying High

Talking Turkey with

2017 business Conference Coverage | CALL ON WASHINGTON Moving Marijuana | TRUCK DRIVER APPRECIATION DAY | TOLLS RETURN
Award-Winning Magazine of the Arkansas Trucking Association Vol. 23 | Issue 2 2018 | $4.95 Award-Winning Magazine of the Arkansas Trucking Association Vol. 20 | Issue 2 2015 | $4.95 Award-Winning Regional Magazine of the Arkansas Trucking Association Vol. 18 • Issue 1 2013 • $4.95 Award-Winning Magazine of the Arkansas Trucking Association Vol. 20 | Issue 5 2015 | $4.95

cHrIS SPear
United States of Trucking

Terry Wallace
TakINg Drafts the Transco Lines Fantasy Team
Butch Rice of
Stallion Transportation


The award-winning regional magazine,

Arkansas Trucking Report (ATR) boasts more than 25,000

readers nationwide and we continue to grow.

That makes ATR a great place for you to advertise.

If you want to reach this highly targeted, influential group of our industry's leading decision-makers and ask
them to consider purchasing your products or services, then you’ll want to place an ad in every issue of ATR.
Please contact Amanda Lamb at to make it happen.

t Jerry Whittenberg
(Stallion Transportation
Group) gives students a
tour around a real truck
before they try driving
virtual vehicles

 Weston Mars (FedEx Freight) films some driving tips for
the Road Team’s new video

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 April Coolidge (USA Truck) with student

commercial vehicles. The simulator changing traffic conditions, road debris,
gives drivers the opportunity to learn slick highways, pedestrians and other
proper following distances, as well as environments.
safe passing and merging. Through dif- Local students were invited to try
ferent scenarios, drivers can see the the simulator and offer feedback about
dangerous effects of driving distracted, what they want to learn about driving
impaired and fatigued as they navigate safely. ATR

 Butch Rice with the 2018 ARKANSAS ROAD TEAM – Bottom row, (L-R): Eric
Brockette, Weston Mars. Middle row, (L-R): Otto Schmeckenbecher, Mark Buckley,
April Coolidge, Larry Rhein, Mark Rook. Back row, l-r: Butch Rice, Loren Hatfield, ABF Freight is a wholly owned subsidiary of ArcBest Corporation.
Dave Hall, Jerry Whittenberg, Gary Mars, Danny Fuller marks featured are the property of ArcBest Corporation and its
© 2018 ArcBest Corporation. All rights reserved. All service

ATA Guide to ARK Trucking 2017.indd 1 4/11/2018 1:55:00 PM

Insider Trucking

A look at the latest products, services and news from ATR advertisers

RAISING THE BAR and protection. They surpass what oth- There are over 370 Peterbilt locations in

ers just promise. For more information North America and TLG topping the list
please visit or excites me about our future.”
contact us at 479-725-8008 or Info@ The award, which was received

Disrupting the “Status Quo”
Nanomech is the world leader after Peterbilt Motors Company
A new technology has arrived to produce the best lubrication and corrosion resistance coatings in the
in material science manufacturing of acknowledged TLG reaching its 30-year
world. At NanoMech, we ThinkSmall™ to deliver big product innovations in the trucking and
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lubricants, specialty chemicals and THE LARSON GROUP PETERBILT anniversary, marks another milestone
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